A former Pretoria midwife has been handed a 23-year effective sentence following her conviction on multiple charges, including assault, assault involving a legal duty, culpable homicide, fraud and employing an unqualified person.
Pretoria high court judge Papi Mosopa imposed a range of sentences on Yolande Maritz Fouchee (48), a former midwife and owner of You and Me Midwife-led Maternity Care in Murrayfield.
The sentences include five years’ imprisonment on six counts of assault; an additional five years on each count of assault involving a legal duty; eight years’ direct imprisonment for the culpable homicide of nine-day-old Noah Von Kloeg; two years for fraud; and twelve months for employing an unqualified person. Several of these sentences will run concurrently, resulting in an effective 23-year term behind bars.
The case stems from incidents between 2019 and 2020, when Fouchee operated her maternity practice, offering antenatal care and assisting with childbirth. While presenting herself as capable of managing normal to low-risk pregnancies, the court found that she failed to recognise and act on serious complications experienced by her patients.
Fouchee managed cases beyond her capabilities
Instead of referring expectant mothers to qualified specialists when necessary, she continued to manage cases beyond her capabilities.
Evidence presented during the trial revealed that Fouchee administered substances such as Cytotec and Oxytocin—often mixed into water—to induce or accelerate labour without the knowledge or consent of patients.
In one particularly tragic case on April 3 2019, a woman whose labour had been induced under Fouchee’s care gave birth, but her baby, Noah Von Kloeg, died nine days later due to complications that had not been properly addressed.
Complaints from victims led to Fouchee being reported to the South African Nursing Council in 2020, with criminal charges subsequently laid at the Silverton police station. Following investigations, she was arrested at her residence on June 24 2024.
Fouchee maintained her innocence
Throughout the trial, Fouchee maintained her innocence, pleading not guilty to all charges. However, the prosecution, led by Adv Jennifer Cronje, presented strong evidence from victims, expert witnesses, and even Fouchee’s daughter. Medical experts from Steve Biko Academic Hospital, Professors Priya Soma-Pillay and Izelle Smuts, provided detailed reports outlining serious breaches in antenatal, labour, and neonatal care, ultimately proving the state’s case beyond reasonable doubt.
During sentencing proceedings, the defence argued for correctional supervision, citing Fouchee’s status as a first offender and her unemployment. However, Advocate Cronje opposed the request, stressing that Fouchee had shown no remorse and continued to deny responsibility. The court agreed, noting her lack of insight into the harm caused.
Loss of baby Noah
The prosecution also highlighted the devastating consequences of Fouchee’s conduct. In addition to the loss of baby Noah, several children continue to suffer long-term health complications. Seven victim impact statements, compiled with the assistance of court preparation officers Lebogang Lebese, Louann Shuttleworth, and Ennie Mudau, detailed the profound emotional, financial, and relational toll on affected families.
In delivering judgment, Judge Mosopa emphasised the constitutional right to life, stating that Fouchee had no justification for endangering her patients and their children. He found her conduct to be negligent and reckless, particularly her failure to refer patients for appropriate medical care.
The NPA said the sentence brings a measure of justice and closure to the victims and their families while also sending a strong message about accountability in the healthcare sector.
The case underscores the critical importance of ethical medical practice and proper patient care, as well as the devastating consequences when those entrusted with such responsibilities fail to uphold their duty.
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- Yolande Maritz Fouchee, a former Pretoria midwife, was sentenced to an effective 23 years in prison for assault, culpable homicide, fraud, and employing an unqualified person.
- She was found guilty of administering labor-inducing drugs without consent and managing high-risk pregnancies beyond her expertise, resulting in the death of baby Noah Von Kloeg.
- Fouchee failed to refer patients to specialists despite serious complications, causing long-term harm to several children and emotional trauma to families.
- Despite maintaining her innocence, evidence from victims, experts, and witnesses proved her negligent and reckless conduct.
- The court emphasized the constitutional right to life and stressed accountability in healthcare, with the National Prosecuting Authority calling the sentence a measure of justice and closure for victims.
A former Pretoria midwife has been handed a 23-year effective sentence following her conviction on multiple charges, including assault, assault involving a legal duty, culpable homicide, fraud and employing an unqualified person.
Pretoria high court judge Papi Mosopa imposed a range of sentences on
Instead of referring expectant mothers to qualified specialists when necessary, she continued to manage cases beyond her capabilities.
Evidence presented during the trial revealed that Fouchee administered substances such as Cytotec and Oxytocin—often mixed into water—to induce or accelerate labour without the knowledge or consent of patients.
In one particularly tragic case on April 3 2019, a woman whose labour had been induced under Fouchee’s care gave birth, but her baby, Noah Von Kloeg, died nine days later due to complications that had not been properly addressed.
Complaints from victims led to Fouchee being reported to the
In delivering judgment, Judge Mosopa emphasised the constitutional right to life, stating that Fouchee had no justification for endangering her patients and their children. He found her conduct to be negligent and reckless, particularly her failure to refer patients for appropriate medical care.
Visit SW YouTube Channel for our video content
